STATE OF WEST BENGAL Vs. WEST BENGAL FOREIGN LIQUOR MANUFACTURERS WHOLESALERS AND BONDERS ASSOCIATION

JUDGEMENT

(1.) The State of West Bengal has come up with this application to impugn the judgment and order of the learned Tribunal dated 18th December, 2009. The Respondent association and one of it's office bearer approached the learned Tribunal to challenge the Constitutional validity of the format for issuing import permit-cum-pass, in order to bring liquor, both indigenous and foreign variety in the State.

(2.) The format viz. Form No. VI has been devised under the statutory power of the State of West Bengal. The power of framing rules and also devising the format for granting permit is not disputed. In the application, contents of the entire permit was not challenged. The challenge was restricted to the number of days during which the permit should be valid and also the date of commencement of validity of the permit.

(3.) The learned Tribunal after discussing in great details and considering the facts and circumstances, has held that commencement of the validity period of import permit-cum-pass from the date of export order is unreasonable, arbitrary, purposeless and having no relation or link with the object for prescribing such validity period and that should be counted from the date of issue of the specific export pass against particular import permit-cum-pass.